HomeMy WebLinkAbout1983 Resolutions~~ ~
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RESOLUTXON #1 .~
(Series of 1983)
WHEREAS, the exposure of mu~licipalities iYi Colorado and
throughout the country to federal. antit~~~..~st lawsuits has been
greatly expanded as a result of recent decisions of the United
States Supreme Court;
WH.~REAS, the potential for trebl<~ damabe awards and the
substantial expense of defending antitrust litigation, even if
successful, may inhibit municil,ali~i•~s from enacting or enforcing
regulations which are intended to protect ::he public health, safety
and welfare, but which also may be deemed to restrict competition;
WHEREAS, at least four Colorado municipalities already have
been sued under the federal antitrust laws for various regulatory
activities, with claimed damages, when trebled, exceeding $100 million;
WHEREAS, the cost to the taxpayers of one Colorado municipality
in defending one of these lawsuits, which was settled priox to trial,
exceeded $250,000;
WHEREAS, municipalities differ from private enterprise in that
private enterprise is not charged with protecting the public health,
safety and welfare;
~'TTiEREAS, numerous protections from municipal regulations, other
than treble damages under the federal antitrust laws, are available
such as, public notice, public hearing, public meeting and public
record requirements, court review of actions, periodic elections and
the rights of initiated referendum and recall, and the continuing
authority of the state General Assembly or the people of Colorado to
modify the statutory and constitutional authority of Colorado's
municipalities;
WHEREAS, state legislation does not provide any certain solution
to the problem and years of litigation will be necessary to decide
whether any state legislation meets the test established by the U.S.
Supreme Court for local government antitrust immunity;
WHEREAS, federal legislation can address the problem directly by
seeking a specific exemption fromthe federal antitrust laws for local
governments and all or some of their activities;
WHEREAS, federal Legislation could eliminate damages from the
antitrust remedies available against local governments and their
taxpayers; and
WHEREAS, local governments should not be imperiled when engaging
in traditional local government regulatory activities such zoning,
enacting and enforcing building and fire codes, regulating the use of
public rights-of-way, licensing, franchising and the myriad of other
regulatory activities traditionally engaged in by local governments;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF VATL, VAIL, COLORADO,
that the Congress of the United States should act as quickly as
possible t.o provide appropriate exemptions for municipalities from
~~ federal antitrust liability.
DATED this 4th day of January, 1.983.
~.-
~~ ~.~~
Rodney E. ~Iifer, ayor
ATTEST:
~~
Col e 1' e,`Town Clerk
c• t"• ~ i
RL j GLUT I Oxd # ~
(Series of 1983}
A RESOLUTION AUTHORIZING T~iE ESTABLISHMENT
OF A GENE~'~7~ CHECKING ACCOUNT AT THE FIRST
BANK OF VAIL, COLORADO; Ai1D AUTHORIZING THE
SIGNING OF CHECKS AND NOTES BY WILLIAM PYKA,
THE FINANCE OFFICER OF TIDE TOWN OF VAIL AND
RICHARD CAPLAN, THE TOWN MANAGER.
- NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COtiNCIL GF
THE TOWN OF VAIL, COLORADO, THAT:
1. A general checking account for the Town shall be
established at The First Bank of Vail at its office in Vail,
Colorado.
2. The following employees of the Town of Vail are
hereby authorized in the name of the Town to negotiate, endorse
and sign all checks, drafts, notes and other negotiable or non--
negotiable instruments payable to the Town, or in which the Town
has an interest, and to draw, sign and deliver in the name of Town,
checks or drafts agai t the funds of the Town on dfe~posit at The
First Banl~, ; 1~ / ~ ~/~~~~~1 l~.- ~ ./ z,7y~
Richard Caplan, Town Manager W311zam Pyka;~F,xn`ance Director
3. For the purpose of deposit in the checking account at
The First Bank of Vail, any officer of the Town may endorse, sign
or deliver on behalf of the Town, any checks, orders or other
evidence of indebtedness for the payment of monies payable to the
order of the Town.
4. The authority of the aforesaid employees and officers to
perform each and all of the powers conferred by this Resolution shall
continue until notice in writing, terminating such authority shall be
served upon the First Bank of Vail and shall be noted upon the
certified copy of such Resolution delivered to said bank.
THIS RESOLUTION APPROVED AND ADOPTED THIS I.$th DAY OF
January 1933.
~`-
Rodney E. S/lifex,~JMa or
~.
ATTEST
Colleen t+4. Kline, Town Clerk
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RESOLUTION #6
{Series of 1983}
A RESOLUTION REN[OVING LIMITATIONS ON THE
PHASES OF THE VALLEY OF PRELIMINARY PLANS;
AND SETTING FORTH DETAILS IN RELATION
THERETO.
WHEREAS, the Town annexed certain real estate which was previously
within Eagle County, Colorado; and
WHEREAS, Parcel A, Lions Ridge Subdivision, Filing #2, is contained
in said annexed property; and
WHEREAS, Parcel A Lions Ridge Subdivision, filing #2 was designated
and zoned as a PUD area by the County; and
WHEREAS, the County Commissioners passed Resolution #80-28 which
provided that the applicants of the various phases of the valley shall
have three (3) years from March 26, 1980 in which to file their
respective preliminary plans, and
WHEREAS, the Town Council feels that said restrictions are not
necessary to benefit the health, safety and welfare of the inhabitants
of the Town of Vail; and
WHEREAS, the applicants of The Valley have asked for clarification
from the Town Council relating to the time in which they must file
their respective preliminary plans.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, THAT:
Section 1. Limitations set forth in the Board of County Commissioners
Resolution #80-28 shall not be binding upon the Town of Vail and that the
applicants for the various phases of The Valley will not have any time
restriction relating to when they must file their respective preliminary
plans.
Section 2. This resolution in no way changes or amends the zoning
densities and other zoning and land planning requirements that have been
set by the Town of Vail in relation to the various phases of The Valley.
APPROVED AND ADOPTED TH I S /S"UG DAY OF /r>~ ~, ~ 19 S 3 .
l
~"
Rodney E. Slifer, M yor
ATTES ~
~~ ~ ~
Colleen KYirie,~Town Clerk
R E S C? I.. U T .~ O }.T N o. 7
,. ,
A Rr'SOLUTION AUTI}ORTZTNG TI~It. ACQUISITION }3Y THE
TUVTN OF VAIL, COLORADO (T}I}; °T04JN") OF CERTAIN
REAL PROF~ETZTY LOCATED TN TIIF. TOWN PROM T}-IE }'i3LIS
RANCH, A COLORADO LIMITED PARTNERSHIP ("SELLEf2")
I"OR A PURCHl~;;)J PRICE OP $2, X50, 000.00; SUC}I REAL
PROPERTY TO }3T~ DEVOTED TO PUBLIC PURPOSES;
AUT}iORIZTNG T}i ISSUANCE BY THE TOt~IN OF TTS
I'ROASISSORY NOTE IN THE AMOUNT OF $2,2Q0,000.00,
PAYABLE IN FIFTEEN EQUAL ANNUAL INSTALLMENTS, AND
SECURED BY THAT CERTAIN DEED OF TRUST UPON THE
SU}3JECT REAL PROPERTY; AND PRI;SCRTBING OTHER
DETAILS IN CDNNECTTON WITH SUCH ACQUISITION AND
PURCHASE.
WHEREAS, Se11Er is owner of certain real property (the
"Property"), legally described in Exhibit A to that certain
Purchase Agreement (the "Purchase Agreement"), attached hereto
and made a part hereof; and
WI31?REAS, Seller desires to sell the Property and the Town
desires to purchase and acquire the Property far open space
and/ar public purposes; and
WFIEREAS, the purchase price of the Property will be annually
paid and sa~.d purchase price will be divisible and subject to
annual appropriations by the Tawn; and
WHEREAS, the Town will. not incur a general obligation
indebtedness in connection with the proposed method of
acquisition proposed except upon the terms and conditions
hereinafter set forth and upon the affirmative vote of the
qualified electors of the Town:
THEREFORE, BE TT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
Section 1. That the entex•ing into by the Town of the
Purchase Agreement with Seller with respect to the Property be
and is hereby authorized.
Section 2. That, pursuant to the Purchase Agreement, the
toi:al ni;~x-chase price for the Property shah. be $2, G50, 00~}. Q0,
payable as follows:
A. $45Q, 000 payable at clawing undex• the Pux; chase
A~;r.eement, subject ~.o the adjustments set forth in paragraph 8
thc9r.caof, and subject tc~ formal a}~proPriation by the Town Council
3 .~
•
c~~ ';~~zirl~zm foi :.~ucli pug°poSr~;
,~ D . ~; , 200 , OOU . QO to be p~5y~~ble to Seller pursuant to
,.
that cert~~zn I'ra~n3.ssory I1ote ( the "Note") , attached to the
Purchase ngreemcnt as k~xhibit B, bear_i,ng interest at a rate of
t7,irtecn percent (13~) per annum, payable in fifteen {15) equal
snnual installments of principal. and accrued interest, said Note
being due and payable, at Seller's o~~tion, ten {10) years from
-.the date of its execution.
~' Section 3. That the execution by the Town of that certain
:,
Deed of Trust {the "Deed of Trust") attached to the Purchase
Agreement as Exhibit C and securing the obligation evidenced by
the Note, be and is hereby authorized. -
\~~ Section 4. That, pursuant to the provisions of the Note
{paragraph 7) and the Deed of Trust {Article I), the Town shall
not have any liability for the payment of principal. or interest
or the performance of any other obligations under said Note and
Deed of Trust, it being understood and agreed that the Town's
obligations thereunder are expressly subject to annual
appropriations by the Town Council and that t7re sale remedy of
Seller pursuant to said Note and Deed of Trust is through an
action against the Property.
Section 5. That, pursuant to Article II of the Deed of
Trust, the Town shall be untitled to releases of thc~ lien created
by the Deed of Trust in proportion to the amount of the Purchase
Price then paid for by the Town.
Section b. That, pursuant to Article III of the Deed of
Trust, and in the event that Seller recovers fee title to the
Property or any portion thereof as a result of foreclosure of the
Deed of Trust (or otherwise), Seller shall have the right to
repurchase from the Tov~m any portion ar all of the Property
previously released from the lien of the Deed of Trust upon
payment to the Town of c, sum par acr,c equal to $2,650,000.00
divided by the total number of acres~of the Property f'or each
acre to be repurchased; anc3 that, further., in the event t7aat
Seller so recovers fee: simple ~:itle to the Propcx-ty or any
Iaortion thereof ar,~i sttbsecltaent to the t:.ermin~rtinn af. any lease
c~ncumbcri ng the i'roper. t:y, the Town Corrncil Boas herek~y state anr3
', ~ ~ ~~
de~~re that it is its present .~~tent, in such further even, to
approve such portion of the Property so owned by Seller as
requested and determined by Seller for rezona.ng, subdivision and
development for the same use and proportionate density consistent
with Vail Valley Third Tiling, according to the recorded plat
thereoi', Town of Vail, County of eagle, State of Colorado.
Section 7. That, pursuant to paragraph ~(A} of the
Agreement with respect to Conditions Precedent, and upon the
occurrence of the contingency therein set forth, Se11er may elect
to require the Town to submit the question of the issuance by the
Town of the Note and Deed of Trust, modified to delete paragraph
7 of the Note regarding limitations on liability and to delete
Articles T, Tl, and 11T of the Deed of Trust regarding
limitations on liability, partial releases, and repurchase of the
Property, to a vote of the qualified electors of the Town in
accordance with the laws and ordinances of the Town; and that in
the event of the approval of the question of the issuance of such
general obligation by a majority of the qualified electors voting
thereon, Seller and the Town shall proceed to close the subject
transaction in a fashion consistent with such modifications and
upon the terms sa approved by said qualified electors.
Section $. That, pursuant to paragraph 3 of the Purchase
Agreement, the Deed of Trust shall be a lien on the Property
superior to any other Liens, encumbrances or leases except the
existing lease between Seller and the Vail Metropolitan
Recreation District, which lease shall be amended with respect to
the payment of annual rental payments under said lease, as set
forth in paragraph 4(c} of the Purchase Agreement.
Section 9. That the Purchase Agreement, the Note and the Deed
of Trust be and hereby are authorized in substantially the form
attached hereto, which documents axe presently before-the Town
Council and are available for public inspection at the office of
f,he Town Clerk.
-J-
,' . •
Section 10. That the obligation authorized hereby and
evidenced by said Purchase Agreement, said Note, anal said Deed
of Trust is and shall not constitute an indebtedness of and/or
a pledge of credit by the Town within the meaning of any pertinent
constitutional or statutory limitation; and, further, that all
payments by the Town pursuant to the Purchase Agreement, the Note,
and the Deed of Trust shall be expressly subject to annual appropriation
by the Town Council.
Section 11. That the Mayor of the Town and the Town Clerk
be and hereby are authorized to take any and all action toward
the execution of the Purchase Agreement, the Nate, the Deed of
Trust, and all other instruments and documents in connection with
the transaction hereby authorized.
Section 12. That if any portion of this Resolution shall
for any reason be held to be invalid or unenforceable, the
invalidity or unenforceability of such portion or provision shall
not affect any of the remaining provisions of this Resolution,
the intention being that the same are severable.
Section 14, That all acts, orders and resolutions and
parts thereof in conflict with this Resolution are hereby
rescinded.
ADOPTED AND APPROVED this 19th day of April, 1983.
TOWN OF VAIL,
Eagle County, Colorado
_~
"' .
/~~i ~ h
Rodney E . Slifer , ~~a.~or
(S E A L}
ATTEST:
,7
Pamela A r B:~ andmeyer~ Town Clerk
-~-
~ ~ ~
C E R T X ~' I E D R E C O R D
of proceedings o~
THE TOZ~~N COUNCIL OF THE TOWN OF VAIL
EAGLE COUNTY, COLORADO
x'elating to
THE PURCHASE OF CERTAIN REAL ~'ROPE'I~TY FOR PUBLIC pURP05ES
FRbId THE PULIS RANCH, A COLQRADO LTMITEf~ PARTNERSHIP
.~~~' •
z~On'SCI~; OF' riF.:E'i'J:NG
To: T1-3L; TOWN COUNCIL OL' THE TOS~IAT OP VAIL,
STI#TE OF COLORADO
NOTICE IS HEREBY GIVEN that a regular meeting of the Town
Council of Vail, Colorado, will be held at Council Chambers, the
Municipal IIuilding, in Vail, Colorado, on Tuesday, the 19th day
of April, 1983, at the hour of 7:30 o'clock p.m., at which
meeting the Council will consider and act upon matters relating
to the purchase and acquisition of real property owned by the
Pulis Ranch, a Colorado limited partnership, and take up. any
other business to come before it.
GIVEN under my hand and the seal of said Town as of the 19th
day of April, 1983.
Town Crk
ACKNOWLEDGMENT OF NOTICE
AND CONSENT TO MEETFNG
We, the undersigned members of the Town Council of the Town
of Vail, Colorado, do hereby acknowledge receipt of the foregoing
Notice of Meeting in such Notice and in the time and manner of
service thereof upon us, and consent and agree to the holding of
such meeting at the time and place specified in said Notice, and
to the transaction of any and all business which may come before
such meeting.
~ ~1 a
.•~ 1
~. - ~
Rodney E, lifer, May r Pa}:~. s o
~~` ~~• ~ Jl ~./~ Ga Wahr is ~•
. ~,
t. W~il~a wil/~ y~or Y em Ronald A. Todd
Charles R. Anderson
1
. ,' • •
ST71'I.'t. OF COLOF211Di~ y}
1 4•
COUid`1'X QF L;11GLE ) s s .
)
TOWN] OF V11:CL )
The Tawi~ Cou:icil of the Town off' Vail, Eagle . Caur~ty,
Colorado, met in regular session, at the Council Chambers, in
VaiA, Colorado, being the regular meeting place of the Roard, at
the hour o:C 7:30 o'cloc}: P.M., on Tuesday, the 19th day of April,
1983.
Present;
Mayor:
Mayor Pro Tem;
Councilmembers:
Also present:
Town Clerk;
Town At-tar_ney:
Town Manager:
Absent:
Radney E. Slifer
,E.-William Wilto
Gail. WahrliCh
Ron Todd
Paul Johnston
~harle~ R', Anderson
Pam Brandmeyer
Larry Eskwith
Richard Caplan
HP1^i?1,~,tln .~fial~fr~r
Thereupon, Mayor Slifer introduced and there was read in
full the following Resolution:
1
~~ ~ ~ ~ •
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~11
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75 so~lth frontage road • vaiE, Colorado 81857 • (303) 476-700D
office of the mayor
CERTIFICATION
STATE OF COLORADO ~
COUNTY OF EAGLE ~
THE FOREGOING IS A FULL, TRUE, AND CORRECT COPY AS THE SAME
APPEARS UPO,/N~,/T,~HE, ORIGIrNAL RECORDS IN MY OFFICE.
DATE : I JC.tL~ ~~'! t 7 ~3 TIME : f I : ~~ j~, ~ .
~/I~~J a4. !~~ ~
TOWN CLERK, TOWN OF VATL
STATE OF COLORADO ~
COUNTY OF EAGLE ~
SUBSCRIBED AND SWORN TO BEFORE ME APPEARED PAMELA A. BRANDMEYER,
TOWN CLERK OF THE TOWN OF VAIL, THIS 12TH DAY OF MAY, 1983.
MY COMMI55ION EXPIRES: ~~~~~~~ ~~~ /~~~
~~~. 0_Q~ ~~~
OTAR~PUBLI c
~ ~..
AMENDMENT
THxS AMENDMENT to a certain Ground Lease and Option Agreement
dated May 27, 1966, is entered into on ,
1983, between The Pulis Ranch, a Colorado limited partnership
{"Pulis"), and the Vail Metropolitan Recreation District, a
quasi.-governmental subdivision of the State of Colorado {the
"District"), and the Town of Vail, a Colorado municipal
corporation {the "Town").
'WHEREAS, Carolyn R. Pulis for herself and as devisee under
the will of Jay B. Pulis, deceased, Jay B. Pulis, Jr., Warren
Kamer Pulis, and Jay B. Pu1is, Jr., trustee, and Warren Kamer
Pulis, trustee, as lessors, entered into a ground lease and option
to lease agreement (the "Lease") dated May 27, 1966 with the
District as Lessee for the lease of certain real estate {the
"Property") located in the Town of Vail, County of Eagle, and
State of Colorado, which real estate is more specifically
described therein, and
WHEREAS, Pulis is a successor i.n interest to said Lessor,
and
WHEREAS, Pulis and the Town have entered into a Purchase
Agreement dated April 19, 1983 {the "Purchase Agreement"), wherein
Pulis has agreed to sell and the Town has agreed to buy the
Property; and
WHEREAS, as part of the consideration for the purchase of the
Property the Town will give Pulis its promissory note in the
principal amount of $2,200,000.00 {the "Note") secured by a deed
of trust on the Property ("Deed of Trust"); and
WHEREAS, the parties wish to amend the Lease to set forth
certain requirements and obligations of the parties upon the
closing of the Purchase Agreement.
NOW, THEREFORE, in considertion of the covenants and
agreements contained herein and the sale of the Property by Pulis
to the Town, the parties agree as follows:
• ! ~
1. Subsequent to the date of the transfer of tide of the
Property fram Pulls to the Town anti subject t0 Paragraph 2 hereof,
the District shall make ail rent payments as set forth in the
Lease to the Tawn,
2. In the event that Pulls ever regains fee simple title to
all or any portion of the Property and regardless of whether any
portion of the Property is owned in fee simple by the Town or any
other third party or in the event of the default by the Town under
the Note or need of Trust, the total annual rental payments due
under the Lease shall be paid by the District to Pulls.
3. The effectiveness of this Amendment shall be conditioned
upon the closing of the Purchase Agreement. Should the Purchase
Agreement not close for any reason whatsoever, then this Amendment
shall be null and void and of no effect.
IN WITNESS WHEREOF, the parties have signed this Amendment
this day of
Dat~Exec~rted ~
Date Executed
D-~~te ExeGUted
J
~~~
°- to Executed
~.
1963.
SELLER:
THE PULIS RANCH, a Colorado
limited partnership
.r~ /~,.
_~
-Jay B~' "pulz`s, Jr. , enera~
.partner Ck~ t " ~r~
,,
~~
Warren Kamer Pulis,~a neral
partner
BUYER;
VAIL METROPOLITAN RECREATION
DISTRICT, a Colorado quasi-
governmental body
.Al Knoblock, Cha~.rman
TOWiv JF VAIL, a Colorado municipal
corporation
,i ~.1.
-2-
~ ~~
RESOLUTION #9
(Series of 1983)
A RESOLUTION AUTHORIZING THE CLARIFICATION ,
OF AN EASEMENT GRANTED BY rIiANOR VAIL TC TFiE
TOWN OI' VASI~.
WHEREAS, on June 21, 1977, the Town of Vail through special
Warranty Deed ~racated a c~;rtain street to the Manor Veil Condominium
Association, a Colorado non-profit organization; and
WHEREAS, as a condition to the vacation of this street in said
Special Warranty Deed, the Town reserved an easement twenty (20) feet
in width passing generally east west across the described property
for pedestrian and utility purposes; and
WHEREAS, no specific location of the twenty foot easement on the
Manor Vail property was provided as a part of the Special Warranty
Deed; and
WHEREAS, the Manor Vail Condominium Association and the Town of
Vail wish to correct that situation and wish to specifically designate
by the use of Exhibit "A" where the twenty foot Town of Vail utility
and pedestrian easement is located.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, AS FOLLOWS:
1. That the Manor Vail Condominium Association shall grant the
Tawn of Vail a perpetual easement running with the land for pedestrian
and utility purposes for the use, benefit and enjoyment of the public,
which easement shall be as described by the dotted lines in Exhibit A
attached hereto.
2. This easement is not an addition to the easement granted by
the Special Warranty Deed referred to above, but as a clarification of
the location of said utility easement.
3. That the Town Manager be empowered to take all steps necessary
~'-for the acceptance and recordation of said easement.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 17th day of riay, 1983.
/~ ~ ~ '
Rodney E. Slifer, Mayor
ATTEST:
~v
1~~. ~~
Pamela A. Brandmeyer, `own Clerk
r
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_, ~..
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RESOLUTION #?0
(Series of 1Q83 )
A RESOLUTION AUTFiURIZIiVG TFIE TOWN OF
VAIL TO TRANSFER 1983 ALLOCATIONS TO
THE COLORADO HOUSING FINANCE AUTHORITY.
WHEREAS, The Town of Vail is authori:~ed and empowered under the
laws of the State of Colorado (the "at~.te") to issue revenue bonds for
the purpose of providing single-family mortgage loans to law- and
moderate--income persons and families; and
WHEREAS, the Mortgage Subsidy Bond Tax Act of 1980, codified as
Section 103A of the Internal Revenue Code of 1954, as amended (the
"Federal Act"), restricts the amount of tax-exempt obligations
("Qualified Mortgage Bonds") which may be issued in the State to
finance such single-family mortgages {the "State Ceiling"); and
WHEREAS, pursuant to the Federal Act, the General Assembly of
the State of Colorado has adopted part 8 of article 4 of title 29,
C.R.S. 1973, as amended {the "Allocation Act"), providing for the
allocation of the State Ceiling among the Colorado Housing Finance
Authority (the "Authority") and local governmental units in the State
having authority to issue Qualified Mortgage Bonds, and further pro-
viding for the transfer of allocations among the Authority and such
local governmental units; and
WHEREAS, pursuant to an allocation under Section 29-4-803 of the
Allocation Act, the Town of Vail is authorized to issue up to
$ 119,707.41
principal amount of Qualified Mortgage
Bonds in calendar year 1983 ("1983 Allocation"); and
WHEREAS, the Town of Vail has determined that, in order to increase
the availability of adequate housing affordable by low- and moderate-
. .income persons and families within the Town, it is necessary or desirable
to~~provide for the utilization of all or a portion of the 1983 Allocation;
~an. d
WHEREAS, the Town of Vail further has determined that the 1983
allocation of Qualified Mortgage Bonds can most efficiently be issued
by the Colorado Housing Finance Authority; and
W~TEREAS, the Town Council of the Town of Vail accordingly has
determined to transfer its 1983 Allocation or that portion of it as set
.forth below to the Colorado Housing Finance Authority, which such transfer
is to be evidenced by an Allocation Transfer Agreement.
•
N~ ~ ~
-Z-
NOW, THEREFORE., BE TT RESOLVED BY the Towra Council of the Town
of Va~.i, Colorado as follows
1. The t~3risfer to the Colorado Housing Finance Authority of
the allocation of authority of the Town of Vail to issue up to
~ 119 . 7C?7. 41
principal amount of Rualified Mortgage
Bonds in calendar year 1983, provided far in Section 29-4-803 of the
Allocation Act, be and hereby is approved.
2. The form and substance o~ the Allocation Transfer Agreement
attached hereto as Exhibit A be and hereby are approved, provided, that
the Town Council be and hereby are authorized to make such technical
variations, additions or deletions in or to such Allocation Transfer
Agreement as they shall deem necessary or appropriate and not in-
consistent with the approval thereof by this Resolution.
3. The Town Manager of the Town of Vail be and is authorized to
execute and deliver the Allocation Transfer Agreement on behalf of the
Town of Vail and to take such other steps or actions as may be necessary,
useful or convenient to effect the aforesaid transfer in accordance with
the intent of this Resolution.
4, if any section, paragraph, clause, or provision of this
Resolution shall for any reason be held to be invalid or unenforceable,
the invalidity or unenforceability of such section, paragraph, clause,
or provision shall not a~~ect any of the remaining provisions of this
Resolution.
5. This Resolution shall be in full force and effect upon its
passage and approval.
READ, APPROVED AND ADOPTED this 7th day of rune, 1983.
~_
.~ ~`
- -~
Rodney E. SJ~.fer, `l~~ay~r
ATTEST,:;ir ~ r .
Pamela A. Brandm~ Town Clerk
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•
RE OLUTIOr~ #12 ...,
(Series of 1983}
WHEREAS, pursuant 'to the Highway Bridge Replacement and
Nphabilitation Plan, a portion of the Surface y'ransportation Assistance
Act of 1982, certain federal funds have been allocated for the replace-
ment or rehabilitation of highway bridges and federal aid funds in the
amount of $88,000.00 have been made available for the construction and
replacement of a bridge known as the Vail Athletic Club Bridge located
on Vail Valley Drive, just south of 362 Vail Valley and Gore Creek; and
WHEREAS, the matching ratio for the project is 80 percent federal
aids funds to 20 percent Town of Vail funds;
NOW, THEREFORE, BE IT RESOLVED:
That the Town Manager be and hereby is authorized to enter into the
attached contract with the State Department of Highways, Division of
Highways, for the construction of said bridge and that the Town take
all appropriate action to obtain said federal. funds and prosecute the
work in accordance with said contract.
TOWN OF VAIL, a Colorado municipal
corporation
Rodney E . S fifer", bia r ~
ATTEST:
~.~.~~
Pamela A. Brandmeyer(~ Town Clerk
~•`
DATED: September 20, 1983
~ < ~
RESOLUTION #13
(Series of 1983)
A RESOLUTION OF THE TOWN COUNCIL APPROVING
THE TOWN'S LEASING OF CERTAIN E(~UIPMENT;
RUTHORIZING THE TOWN MANAGER TO EXECUTE
ALL LEASES, BILLS GF S~`,~E OR OTHER DOCUMENTS
TO FINALIZE SAID TRANSACTION; DIRECTING THE
TOWN CLERK TO ATTEST TO THE TOWN MANAGER'S
SIGNATURE AND TO AFFIX THE SEAL OF THE TOWN
TO ALL NECESSARY DOCUMENTS.
WHEREAS, the Town has agreed to the leasing plan with Colorado
National Leasing, Inc., a Colorado corporation, relating to an ISM
60 Copier; and
WHEREAS, the Tawn Council is of the opinion that the terms
of said lease should be approved; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The lease arrangement #55206, dated August 1, 1983,
between the Town of Vail and Colorado National Leasing, Inc., for
the above-identified equipment is hereby approved.
Section 2. The Town Manager is hereby authorized to execute
for and on behalf of the Tawn all documents necessary to complete
the within approved arrangement, including leases, bills of sale
and closing documents.
Section 3. The Town Clerk is directed to attest to the
signature of the Town Manager and to affix the seal of the Town to
said documents.
INTRODUCED, READ, APPROVED AND ADOPTED, this 4th day of
/~~~ ~~
/ ~ ~ ,.-
Rodney E. ~1"ifer, M~yor
~. ~+.J
Pamela A. BrandmeyerU Town Clerk
RESOLUTION #14.
(Series of 1983)
A RESOhUTION APPROVING A S7~COND ADDENDUM TO
THE COI~LATE:iiAL AGREEMENT D!~TED SEPTEMBEP~ 3 ,
1974, PERT~,INING ~i'0 THE TOr9N OF VATL CABLE
TELEV T S T ON FRANCHISE .~.ND THE ADDENDUM F1'u
SAID AGREEII~IENT DATED AUGUST' 18 , 19 81. .
WHEREAS, the Town Council of the Town of Vail, Colorado
(the "Town") deems it to be in the best interest of the Town
to amend certain provisions of the Agreement dated September 3,
1974, as subsequently amended, pertaining to the cable television
franchise granted by the Town pursuant to Ordinance #14, Series of
1974.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO:
The proposed Second Addendum to the Collaterial Agreement to
Town of Vail Ordinance #14, Series of 1974, all dated September 3,
1974, and the Addendum to the Collateral Agreement dated August 18,
1981, a copy of which Second Addendum is attached hereto as
Exhibit A, is hereby approved.
DATED this l.st day of November, 1983.
~ !'` ~
/~ ~~ ~ ~_ ~ ~~ ~r~
Rodney E. Slier, Mayor
ATTEST:
~ A
',
EXHIBIT "A"
~~ ~~
SECOND ADDE~TD[IM
THIS SECOND ADDEi~1I~T,iM to the Collateral Agreement to Town of Vail.
Ordinance #14, Series of 1974, all dated September 3, ~.~~74, and the
Addendum to the Collateral Agreement, dated August 18, 19$1, is made
and entered into this 1st day of November, 1983, by and between the
Town of Vail, Colorado, a ~:~olorado municipal carporation (the "Town"),
and Cablevision Asso~:ia.tes VI, a Limited Partnership, by its general
partner, Cablevision VT, Inc. d/b/a Heritage Cablevision, Inc.
{"Heritage"},
WHEREAS, the Town by Ordinance #14, Series of 1974 (the "Ordinance"),
granted a cable television franchise to Community Television Investment,
Inc. ("CTT"} and simulatenously entered into an agreement (the "Collateral
Agreement"} dated September 3, 1974, with CTI relating to mutual obligations
of the parties under the Franchise; and
WHEREAS, the sale of the Franchise by CTI to Vail Cable Communications,
Inc. ("Vail Cable"} was approved by the Town Council on September 7, 1976;
an d
WHEREAS, on August 18, 1981, the Town Council entered an Addendum
(the "First Addendum") to the Ordinance and the Collateral Agreement with
Cablevision Associates VI, a Limited Partnership, the general partner of
which is Cablevision VI, Inc.,' an Iowa corporation wholly owned by Heritage
Communications, Inc, d/b/a Heritage Cablevision, Inc., approving the sale
and transfer of the Franchise by Vail Cable to Cablevision Associates VI
and establishing the terms and conditions for said transfer; and
WHEREAS, the parties desire to amend certain provisions of the
Collateral Agreement and the First Addendum as hereinafter set forth.
NOW, THEREFORE, BE IT AGREED as follows:
1.) Paragraph 2.1.7. of the Collateral Agreement is hereby revised
to read as follows:
FuII-time carriage of any operating FM or AM station
that is now or hereafter licensed by the FCC to serve
Vail shall be carried on the audio portion of the
channels set forth in paragraphs 2.1.3 and 2.1.5.
above, whenever such channels are operable.
._ 1~; ~,
~•~
1''' ~ !; ~
`~ ' ATTEST
T ~ ~'.d~.C' ~ ~ I a~
--' ~ r ~' Pamela A. Brandmeyer 4 Town Clerk
.::::..-,.:ATTEST:
TOWN OF VAIL, a Colorado municipal
carporation
B ~, ,
y /~-~ L~
.. ~
CABLEVISION ASSOCIATES VT, A LTbiITED
PARTNERSHIP, by its general partner,
Cablevision VI, Tnc.
By:
Title:
~ • ~- ~ ~ •
EXHI~3IT "A"
SECOND ADDENDUM
THIS.SECOND ADDENDUM to the Collateral Agreement to Town i~f Vail
Ordinance#14, Series of 1974, all dated September 3, 1974, and the
Addendum to the Collateral Agreement dated August 18, 1981, is made
and entered into this 1st day of November, 1983, by and between the'
Town of Vail, Colorado, a Colorado municipal corporation (the "To.~~n"),
and Cab l,E:va.siot~ Associates VI , a Limited Partnership, by I.t~ ,general
partner, Cablevision VI, Inc. d/bJa Heritage Cablevision, Inc.
("Heritage"}.
WHEREAS, the Town by Ordinance #14, Series of 1974 (the "Ordinance"),
granted a cable television franchise to Community Television Investment,
Inc. ("CTI"} and simulatenously entered into an agreement (the "Collateral
Agreement") dated September 3, 1974, with CTI relating to mutual obligations
of the parties under the Franchise; and
WHEREAS, the sale of the Franchise by CTI to Vail Cable Communications,
Inc. ("Vail Cable"} was approved by the Town Council on September 7, 1976;
and
WHEREAS, on August 18, 1.981, the Town Council entered an Addendum
(.the "First Addendum") to the Ordinance and the Collateral Agreement with
Cablevision Associates VI, a Limited Partnership, the general partner of
which is Cablevision VI, Inc.,' an Towa corporation wholly owned by Heritage
Communications, Inc. dfbJa Heritage Cablevision, Inc., approving the sale
and transfer of the Franchise by Vail Cable to Cablevision Associates VI
and establishing the terms and conditions for said transfer; and
WHEREAS, the parties desire to amend certain provisions of the
Collateral Agreement and the First Addendum as hereinafter set forth.
NOW, THEREFORE, BE IT AGREED as follows:
Z.} Paragraph 2.1.7. of the Collateral Agreement is hereby revised
to read as follows:
Full-time carriage of any operating FM or AM station
that is now or hereafter licensed by the FCC to serve
Vail shall be carried on the audio portion of the
channels set forth in paragraphs 2.1,3 and 2.1.5.
above, whenever such channels are operable.
TOWN OF VAIL, a Colorado municipal
corporation
B . ~~ ~ 7.
~_
CAHLEVISION ASSOCIATES VI, A LIMITED
PARTNERSHIP, by its general partner,
Cablevision VI, Inc,
By.
Title:
~- s ~ •
RESOLUTION #15
Series of 1983)
A RESOLUTION SUPPORTING THE USE OF
VOTING h4ACHIVES IN ANY MUNICTT'AL
ELECTION OF THE TOWN OF VAIL AND
SETTING FOFTH DETAILS IN RELATION
I'ZTERETO .
WHEREAa, Section 31-10-701 CRS as amended authorizes the
use of voting machines in any municipal election if the governing
body by resolution authorizes their use, and
WHEREAS, the Town of Vail wishes to authorize the use of such
voting machines,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
In accordance with Section 31-10-701, the Town of Vail may use
voting machines in municipal elections,
INTRODUCED, READ, APPROVED AND iNACTED this 1.5th day of
November, 1953.
~,.
//
(~
Rodney E.lSlifer n4ayor
ATTEST :
•~~~~
Pamela A. Brandmeyeit, Town Clerk
. ~ • ~ t c-
RESOLUTION #16
(Series o:P 198; )
A RESOLUTION OF THE TOWN OF VAIL TOWN
COUNCIL EVIDENCING SUPPORT FOR MUNNICIPAL
ANNEXATION OF CONTIGUOUS FEDERAL LANDS AND
AUTHORIZING POLITICAL ACTIONS IN SUPPORT
THERE03' .
WHEREAS, a community of interests often Pxistc between a
contiguous ski area on permitted federal Lands a.nd the base area
municipality; and
WHEREAS, abase area municipality is impressed with certain
off-site impacts which, in the proper exercise of government,
necessarily must be mitigated and serviced; and
WHEREAS, base area municipalities should be encouraged to
develop new sources of revenue to finance mitigation of off-site
ski area impacts; and
WHEREAS, the Colorado Constitution gives the people the
right to expand and modify municipal boundaries and thereby
favors municipal control over areas of common interests and
economic bases; and
WHEREAS, the Town of Vail. has been petitioned in the past
by a representative of the U.S. Forest Service for the purpose
of annexing certain Forest Service lands within the Town's
immediate sphere of influence and the Vail Town Council under
the Colorado Constitution approved the annexation of such parcels
in 1980; and
WHEREAS, the United States should be encouraged to consent
to municipal annexations of unincorporated federal lands provided
the authorized purpose of the reservation of the federal lands are
_ .
'not abridged.
_,
'"~~~`~ ~'~ NOW, THEREFORE, be it resolved by the Vail Town Council of the
Town of Vail, Colorado, that the Vail Town Council by this Resolution
supports and encourages municipal annexation of contiguous federal
lands where a community of interests in said lands exists.
` ~ ~ ~ t ~ s
-- 2 --
BE IT FURTHER RE~DY,VED, that the Vail. Town Council supports and
encourages the United StatE~s to comply with the requirements of C.Y;.S.
Section 31-12-1060_) (b) '~~y con^enting to the annexation process
reserving all righf:s t~~ the use of such lands which the United Stai;es
may have under federal Constitutional, statutory and common law.
Dated this 6th day of December, 1.983.
~~
i
~~
Ro~ieq~E . S 1 ' er , "~~ay ~
ATTEST:
~, ~~~~
Pamela A. Brandmeye~~~
1 ~
!! ~' .
MYLER, STULLER & SCHWARTZ
ATI'ORNFYS AT LAW
DAVID J. MYLEA
SANDRA M. STULLER
ALAN E. SCHWARTZ
~.arry Eskwith, Esq.
Attorney for the Town of Vail
75 S. Frontage Raad
Vail, Colorado 81557
Dear dir. Eskwith:
October 26, 1983
450 5. GALENA, SUITE 202
ASPEN, COLORADO81bi1
{3Q3) 924{418
Now that the cobwebs of last Friday night have cleared, I would like
to relate a few additional thoughts on the subject of ski area annexation:
I am convinced that if Snowmass Village is successful in its attempts to
annex the Snowmass Ski Area, all ski towns and any municipality which has
federal land an its border will benefit from the experience whether they
choose to attempt annexation or not.
Following adoption by your Town Council, I intend to use the
resolution of support to demonstrate to state and federal officials the
extent of moral support far the proposition that municipalities ought to
be able tc annex adjacent Federal lands if it is in their best interest,
and to bolster the Snownass Village Town Council's resolve to continue
with our annexation.
It occurs to me that the lack of certainty resulting from the
"consent issue" is a problem that encompasses both controversial and
benign annexations. Through our efforts, we hope to establish a policy,
supported by adequate authority, which would allow Forest Supervisors the
discretion to not only consent to annexations but to petition when
appropriate. Resolution of the consent issue will not only add certainty
to annexation proceedings but wi11 shift the focus of debate firam an
extraneous technicality to the propriety of the particular annexation in
question.
I thank you far your support. Please call me if you have any
questions or wish to discuss the matter further.
Sincerely,
MYL.ER, STDLLER & SCH4~ARTZ
By
O
David ~7. Myler
Attorneys for Town of 5nowmass
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L~tLVL''N~VUIt I'II, PA'i'I2ICiC i'r LOGII f~I LA D, P, G.
MEMORANDUM
TO:
DATE:
RE:
Affected Parties
October 21, 1983
Annexation o£ Federal Lands by Colorado Municipalities
INTRODUCTION
The Town of Snowmass Village, Colorado, has embarked upon a
progressive approach to increasing its tax bases by the con-
sideration of a petition for annexation of certain private fee
lands together with approximately 9,000 acres of federal reserve
(White River Nation Forest, Snowmass Mountain Permit Ski Area).
It has been the position of the annexing municipality in over
three years of discussions with the United States Forest Service
that the rights of the,Federal government would be no greater or
less after annexation due to the supremacy of federal laws
(please see attached correspondence fx-an the Town's counsel, Mr.
Myler, Myler, Stoller and Schwartz to Mr. Woodrow, United States
Forest Service).
A potential problem to the concept of annexation by election
lies in C.R.S., 31-12--105(l)(b) which requires the "written
consent" o~ a landowner who owns land which is either divided by
annexation or is in excess of twenty acres and has improvements
thereon valued (for tax purposes) in excess of $200,OOU. The
legislative purpose behind this requirement is to ensure that
landowner's land may not be encumbered by unreasonable con-
ditions on annexation or increased tax liability without speci-
fic consent; the statute's policy necessarily is not applicable
to annexation of federal lands upon which conditions may not be
unilaterally imposed. As anyone who has worked with federal
agencies realizes. obtaining consent is difficult when no incen-
tive exists for or against an act by the federal government.
INCENTIVES x'O ANNEXATIQN
1. "New federalism" is designed to encourage local govern-
ments to carry an increased share of local costs; this is
reflected in the decline of state and federal grants and
matching graint programs. Annexation, while not affecting
existing local land use power over federal lands, would provide
additional tax revenues to municipalities directly impacted by
off-site costs of recreational development of adjoining federal
lands.
•
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L~IVI:I~r~1'pRTII. P.r1"I'ItICI{ ~r LOCIIIILAI). I? C.
lesiiorandurrs
October 21, 1983
Page 2
2• The federal government in similar instances has con-
sented or acquiesced and in other instances rejecting annexation
bids, A uniform policy toward annexation with a: reservation of
federal rights of use over federal lands would create uniformity
af.what will be an ever--increasing trend to municipal annexation
of federal lands_
3., Consent. (or acquiescence) to annexation (with
appropriate federal reservations) will encourage the existing,
statutory, and historical policy of the federal government to
adhere to local customs and law where they are not inconsistent
with specific federal powers under general comity principles.
Provided, an annexing municipality does not run contrary to
the policy of not imposing land use restrictions which interfere
with ,the purposes of a federal representation, the United
States', as a matter of comity should attempt to uphold and
adhere to Local concerns. See, Wilson v. Cook, 327 US 474
{i~345); Ventura County v. Gulf Oil Company, b01 F.2d 10$0
{1979); Brubaker v. Board of County Commissioners, 652 P.2d 1050
(1982).
RECOMMENL7ED ACTION
1~. Encourage the lobbying of Federal Officials to support
compliance with C.R-S. 31-12--105(1}(b}. Compliance could be
secured through a letter indicating acquiescence in the annexa-
tion process pursuant to the statute reserving all rights to the
use of federal lands under federal constitutional, statutory and
common law.
2. Encourage local. municipalities to adopt the attached
Resolution.'
~~ ~~ ~~
OULOfZADO
RESOI.,UT I O[d NO .
Series of 1983
A RESOLUTION EVIDENCING SUPPORT FOR MUNICIPAL ANNEXATION OF
CONTIGUOUS FEDERAL LANDS AND AUT~iORIZING POLITICAL ACTIONS IN
SUPPORT THEREOF.
WHEREAS, a community of interests often exists between a
contiguous ski area on permitted federal lands and the base area
municipality; and
WHEREAS, a base area municipality is impressed with certain
off-site impacts which,~in the proper exercise of government,
necessarily must be mitigated and serviced; and
WHEREAS, base area municipalities should be encouraged to
develop new sources of revenue to finance mitigation o£ o£f-site
ski area impacts; and
WHEREAS, the Colorado Constitution gives the people the
right to expand and modify municipal boundaries and thereby
favors municipal control over areas o£ common interests and eco-
nomic bases; and
WHEREAS, the United States should be encouraged to consent
to municipal annexations o£ unincorporated federal lands pro-
vided the authorized purpose of the reservation of the federal
lands are not abridged.
NOt4 THEREPORC, be it resolved by tYie
Colorado that the by this Resolution supports and
encourages municipal annexation of contiguous Federal lands
where a community of interests in said lands exists. '
$E IT FURTHER RESOLVED, that the supports and
encourages the United States to comply with the requirements of
C.R.S., Section 31-12-105{l}(b) by consenting to the annexation
process reserving all rights to 'the use of such lands which the
United States may have under federal Constitutional, statutory
and common law.
Dated this day of
Mayor
ATTEST;
1983.
Clerk
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ORDINANCE NO. _ 7
Series of 1980
AN ORDINANCE ANNEXING TO T:TIE TO~ti`N
O1{' VAIL TIGHT PARCELS OF PROPERTY
LOCA'I~ED IN ~ EAGLE COUN`1`Y, COLORADO;
PRESENTLY OR'NED BY THE UNITED
STATES FOREST SERVICE; AND SETTING
FORTH FINDINGS AND CONCLUSIONS
AND OTHER DETAILS IN RELATION THERETO
11'HIREAS, a petition for annexation to the Town of
Vail of eight parcels of property located in Eagle County,
Colorado has been submitted to the Town Clerk of the -Tov~n
of Vail and referred therefrom to the Town Council;
jYHIaREAS, the owner of 100% of the property proposed
for annexation, exclusive of the stxeets and alleys, is
the United States Forest Service;
j1'HEREAS, the petition was signed by Ernest Nunn, Holy
Cross District Ranger;
~1iliEREAS, in accordance with C.R.S. 31-12-107(1)(8),
1973 as amended, the Town Council may by ordinance annex
the above specified property without notice, hearing or
election inasmuch as the petition was signed by the owner
of 100% of the property; and
S1'H1aREAS, the Town. Council is of the opinion that the
petition should be granted and that the subject property
should be annexed to the Town of Vail;
NOji', THEREFORE , BE IT ORDAINED BY THE T0~1~N COUNCIL
OF THE TOj4N OF VAiL, COLORADO, THAT:
Section 1. Findings.
The Town Clerk of the Tawn of Vail has referred to the
Town Council a petition for annexation of eight parcels
of property {hereinafter referred to as the "subject property'
and more specifically described in Exhibit "A" attached hereto)
j~ ~ i.
Ordinance NO. 7 Page 2
that are located in Eagle County, and the Town Council
specifically finds upon review of said petition:
(A) The petition is in substantial compliance
with the requirements of C.R.S. 31-12-10701), 1973, as amended.
(B) The petition was signed by th,e owner of 100
of the area proposed to be annexed, exclusive of streets and
alleys.
(C) The subject proerty is eligible for annexation
to the Town of Vail in that at least one-sixth of its
boundaries are contiguous with the Town of Vail, there is
community of interest between the Town of Vail and the
subject property, the subject property will be urbanized in
the near future, and it is capable of being intergrated into
the Town of Vail.
{D) There are no limitations to the annexation of
the subject property to the Tawn of Vail in that no land
held in identical ownership has been divided without the
written consent of the landowner thereof, no land held in
identical ownership comprising 20 acres or mare with an
assessed valuation in excess of $200,040 for ad valorem
tax purposes has been included without the written consent
of the owner, no other annexation proceedings have been
commenced by another municipality with relation to the
subject property, and no area will be detached from a school
district by this annexation.
(E) No additional terms or conditions are to be
imposed upon this annexation.
~/
Ordinance No.
(F)
7
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Page 3
The subject property may be annexed
by ordinance ti~~ithout notice, hearing or election in accord-
ance with subsection {g) of 31-12•-107, C.R.S. 1973, as
amended.
Section 2. Azlnexation.
The property located in Eagle County, Colorado, more
particularly described in Ea;hibit "A" attached hereto is
annexed to the Town of Vail, Colorado.
Section 3. Effective Date.
The annexation and this ordinance shall take effect
in accordance with the charter of the Town of Vail and
the 'T'own Clerk is directed to file for recording two certified
copies of this ordinance and a map of the area annexed
containing a legal description of such area with the Eagle
County Clerk and Recorder and one copy thereof with the
Division of Local Government of the Department of Local
Affairs.
Section 4. Zoning.
The subject property hereby annexed to the Town of Vail
shall be referred to the Planning and Environmental Commission
for review and recommendation regarding zoning in accordance
with Chapter 18.68 of the Vail D~unicipal Code.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 15th day of January, 19$0, and
a public hearing on this ordinance shall be held at the
regular meeting of the Town Council of the Town of Vail,
Colorado, on the ~ day of -, ~_~,~ ~ ~ ~ .f i ~~ , 1980, at 7:30
P.hi. , in the hfunicipal Building of the To~3~n.
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Pale 4
INTRODUCED, RS~,AD ON SECOND~i~READING, APPROVED AND ORDERED
PUBLI SHL'D }3Y TITLE ONLY ,THIS ~" DAY OF `~.~--~`CLr (,~,.~,~~ ,
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Parcel A
The SE i/4 NE 1/4 SE 1/4 Section 1, Township 5 South, Range 81 1vest of
the 6th Principal .~;eradian, said SE 1/4 NE 1/4 SE 1/4 Section 1 being mono
Particularly desc~-i}red as follows:
Beginning at the Southeast Corner of SE 1/4 NE 1/4 SE 1/4 of said Section
1, Township 5 South, Range 81 l~:est of the 6th Principal t•;eridian; thence N 00"03'
50" E 353.92 feet on the cast line of said Section I; thence N 00°03'50" E
391.97 feet on said east line and the ~,~est boundary of ~1ai1/Potato Patch, a sub-
division recorded in the office of the Fagie County, Caloxado, Clerk and Recorder;
thence S 87°47'40" W 688.78 feet to the Northwest Corner of the SE 1/4 NE 1/4
SE 1/4 of said Section I; thence S 00°03'50" it 695.89 feet to the Southwest Cor-
ner of the SE 1/4 NE 1/4 SE 1/4 of said Section 1; thence N 87°47'40" E 688.78
feet to the Point of Beginning, containing 478,940 square feet or ].0.995 acres,
more or less.
Parcel B
The SW 1/4 of the SW 1/4 of Section 5, Tewnship 5 South, Range 80 ldest of the
6th : rind.pal t•;oridian, sa.Ld SW 1/4 of the 5W 1/4 being more particularly describ-
ed as follo:ti~s:
Beginning at the Southwest Corner of said Section 5; thence N 00°23'18" W
1320.00 feet to the South 1/16 Coiner co;r~rnon to said Se-ction 5 and Section 6, Town-
ship 5 South, Range 80 ~•7est of the 6th Principal t•;eridian; thence N 89"46'26" E
I328.99 feet to the South~.aest 1/16 Corner of said Section 6, thence S 00°18'14" E
1320.00 feet to the hest 1/16 Corner common to said Section 6 and Section 7, Town-
ship S South, Rar,ge 80 1•~est of the 6th Principal Meridian; thence S 89°46'27" E
1327.04 feet to the Southwest Corner of said Section 5, the Point of Beginning,
containing 1,752,978 square feet or 40.243 acres, more or less.
Parcel C
e
A part of the NE 1/4 Section 7 and the NW 1/4 Section 8, Township 5 South,
Range 80 West of the 6th F rincipai Meridian, said part being moxe particularly
described as follows:
Beginning at the Northwest 1/16 Corner of said Section 8; thence S 00°09'00"
E 443.20 feet on the westerly boundary of Block 1, Vail Village Fifth Filing, a
subdivision recorded in the office of the .Eagle County, Colorado, Clerk and Re-
corder, said boundary also being the west lino of the SE 1/4 NW 1/4 of said Sec-
tion 8; thence departing said boundary N 62°28'00" W 628.6b feet; thence S 89°44'
00" W 765.21 feet; thence 5 89°41'00" W 1472.83 feet; thence N 00°23'00" W
150.OD feet to the South:~est Corner of Lot 1S, Block 7, Vail Village First Filing,
a subdivision recorded in the office of the Eagle Count}~, Colorado, Clerk and Re-
corder; thence h 89°41'00" E 1472.83 feet on the southerly boundary of said Vail
Village First Filing to the ?~ort^ 1/16 Corner of said Sections 7 and 8; thence con-
tinuing on said }~ouncary t~ 89°44`00" E 1322.52 feet to the Point of Beginning,
cont:~ining 500,368 squire feet ax 11.498 acres, more or less.
4
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Parcel
'Phe N 1/2 SW 1/4 S44 1/4 hW 1/4 Section 9, Township 5 South, Range 80
Svest of the Gth Principal 1;czidian, said Parcel being more particularly c3ascrila-
ed as follows:
Beginning at the Southwest Corner of the N l./2 5W 1/4 NW 1/4 of said Sec-
tion 9; thence S 89°?_3'42" E 660.65 feet on the southerly boundary of Blocks
5 and 7 Vail Village Seventh Filing, a subdivision recorded in the office of
the );agle County, Colorado, Clerk and Recorder; thence departing said boundary
S 00°19'52" W 330.00 feet; thence N £39°7.3'42" W 660.96 feet to a point on the
west line of said Section 9; thence N 00°?_3'03" E 330.00 feet on said west line
to the Point of ~5eyannang, containing 218,06?. square feet or 5.006 acres, more
or less.
Parcel E
'ihe NW 1/9 SE 1/4 NS4 l/4 Section 9, Township S South, Range 80 Y7est of
the Gth Principal t•;eridian, said parcel being more particularly described as fol--
1 c~~as
Beginning at the Northwest 1/16 Corner of said Section 9, thence S 89°23'41"
E 660.04 feet on the south line of the N 1/2 of the N 1/2 of said Section 9 which
is the south boundary of Vail Valley First Filing, a subdivision recorded in the
office of the Eagle County, Colorado, Clerk and Recorder; thence departing said
south boundary S 00°16'90" W 660.00 feet on the east lane of said NW 1/4 SE 1/4
NW 1/4; thence N 89°23'91" E 660.04 feet an the south lino of said NW 1%4 SE 1/4
IvW 1/4; thence N 00°16'40" E 664.00 feet on the west line of said NW 1/4 SE 1/4
NW 1/4 to the Point of Eeginning, containing 435,620 square feet or 10.000 acres,
more or less.
Parcel F
A tract of land comprised of the SW 1/4 SW 1/4 NW 1/4 and the W 1/2 SE 1/4
SW 1/4 IvW 1/4 Section 2, Township 5 South, Range 80 West of the 6th Principal t•Se -
ridian, said tract being more particularly described as follows:
Beginning at the t•.est i/4 Corner of said Section 2; thence 5 89°24'13" E
978.18 feet on the southerly line of the NW 1/4 of said Section 2, also being the
northerly boundary of Vail Village T-~aelfth and Thirteenth Filings, which are sub-
divisions filed in the office of the Eagle County, Colorado, Clerk and Recorder;
t3~ence departing said line N O1°44'17" 1; 660.00 feet on the east line of the W
1/2 SE 1/4 5W 1/4 NW 1/4 of said Section 2; thence N 89°24'13" W 978.18 feet
on the northerly line of the S 1/2 SW 1/4 NW 1/4 of said Section 2; thence S 01°
49'17" W 660_.00 feet to the Point of Eeginning, containing 645,470 square feet
or 14.818 acres, mere or less.
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Parcel G
A part of the SW 1/4 SW 1/4 Section 7, TownshiQ 5 South, Range 79 L4est at
t}1e (, t}; Princik~al ?•leridian, Eagle County, Colorado, said part of Section 7 being
more particularly oescxibed as follows:
I'~eginning at the Southwest Corner of said Section 7; thence N 00°00`00" E
430.fl0~feet on the westerly line of said Section 7; thence S 67°38'08" E 11.35.40
feet to a point on the southerly line of said Section 7; thence N 89°53`24" W
1050.00 feet on said southerly line to the Southwest Corner of said Section 7,
the Point of Beginning, containing 22.5,750 square feet or 5.182 acres, more ar
less.
Parcel H
'.1`he NE 1/9 NW l/4 Section 18, Toti+*nship 5 South, Range 79 A'est of the 6th
Principal N,eridian; said Iv'E l/4 NW 1/4 being more particularly described as fol-
lows:
Bog.i.nning at the t•:est 1/15 Cornor common to said Section 18 and Section 7,
Towa~shi_ 5 South, Range 79 S•iest of the 6th Pri__cipal P•;eridian; hence S 89°53' 24"
E 1320.00 feet to the 1~arth l/4 C rner of said Section 18; thence S fl0°02'00" E
137.0.00 feet to the CN 1/l6 Corner of said Section 18, thence N 89°53'24" W
]320.00 f{set to the i.orth~~est 1/16 Corner of said Section 18; thence N 00"02'00"
W 1320.00 feet to said t•7est 1/.16 Corner, the Point of Beginning, containing
1,742,395 square feet or 40.000 acres, more oz less.
~* ."• i •
RESOLUTION .#17
(Series of 1983}
A RESOLUTION OF THE TOWN COUNCIL APPROVING
THE TOWN'S LEASING OF CERTAIN E~~UIPMENT;
AUTHORIZING T~?E TO~'VN MANAGER TO EXECUTE
ALL LEASES, BILLS OF SALE OR OTHER DOCUMENTS
TO FINALIZE SAID TRANSACTION' DIRECTING THE
TOWN CLERK T(? ATTEST TO THE `T'OWN MANAGER' S
SIGNATURE AND TO AFFIX THE SEAL OF THE TOWN
TO ALL NECESSARY DOCUMENTS.
WHEREAS, the Town has agreed to the leasing plan with Colorado
National Leasing, Inc., a Colorado corporation, relating to snow
removal. equipment; and
WHEREAS, the Town Council is of the opinion that the terms of
said lease should be approved;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The lease arrangement between the Town of Vail
and Colorado National Leasing, Tnc., for the above-identified equipment
is hereby approved.
Section 2. The Town Manager is hereby authorised to execute
for and on behalf of the Town all documents necessary to complete
the within approved arrangement, including leases, bills of sale
and closing documents.
Section 3. The Town Clerk is directed to attest to the
signature of the Town Manager and to affix the seal of the Town to
said documents.
INTRODUCED, READ, APPROVED AND ADOPTED, this 6th day of
December , 1.983 .
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Rodney E. Slifer, Mayor ,
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ATTEST:
N,
Pamela A.'Brandmeyer Town Clerk
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